Woo documents reveal how the collective agreement exception for temporary agency workers came about
On 5 November 2026, the Ministry of Social Affairs and Employment published two decisions of 23 September 2026 under the Dutch Open Government Act (Woo) on the implementation of Directive 2008/104/EC on temporary agency work. Among the documents made public are notes from 2011 on the drafting of the pay rules for temporary agency workers, and papers from the European Commission's expert group.
What do the documents say?
According to a note of 15 April 2011, the trade unions considered the equal treatment provision (Article 5 of the Directive) insufficiently implemented in the draft bill. According to the note, the European Commission confirmed that the unions' interpretation was the only correct one. The bill was then taken off the cabinet's agenda after intervention by employers' organisation VNO and agency association ABU. Subsequently, among other things, the requirement that deviation by collective agreement was only possible for a reasonable period was dropped. It was thus left to the parties to collective agreements whether deviation from equal treatment would be limited in time.
From 2012 to 2027
This is how the collective agreement exception in Article 8 Waadi (Bulletin of Acts and Decrees 2012, 173) came about. In the text that will apply from 1 January 2027, that option remains, on condition that the overall terms of employment are at least equivalent. The documents show where the room for collective agreement parties comes from, and why it has long been debated.
Practical tips
Check whether the pay of temporary agency workers in your organisation is based on a collective agreement exception, and if so which one.
Prepare for the equivalence requirement from 1 January 2027: compare the overall terms of employment with those of your own employees.
As a hirer, record what information you receive from the agency about the pay applied.
Read more on this topic in our knowledge base, including the Temporary Agency Work Directive. Questions about your own situation? Contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
